119 S3146 IS: Restoring Access for Detainees Act
U.S. Senate
2025-11-06
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the Restoring Access for Detainees Act
.2.It is the sense of Congress that—(1)individuals in civil immigration detention require access to counsel to address their legal needs and their ability to maintain ties with family and loved ones;(2)while existing communication options in detention are helpful, they do not adequately address the needs of detainees, including detainees who are indigent or seeking legal representation;(3)in April 2020, the Trump administration instituted a program in which detained individuals were provided up to 520 free minutes of telephone service per month to maintain contact with families and legal representatives during the COVID–19 public health emergency, but that program was halted during 2024 due to a lack of funding;(4)since U.S. Immigration and Customs Enforcement received additional funding under section 100052 of Public Law 119–21 (commonly referred to as the One Big Beautiful Bill Act
), a portion of such funding should be reserved for restoring the free telephone service program for detainees to more conveniently maintain contact with families and legal representatives.3.In this Act:(1)The term communication means the exchange of information through a phone call, email, video, or any other form of electronic communication.(2)The term custody means, with respect to an alien, that the alien is not free to leave, regardless of whether the detaining agency is a Federal, State, or local official or any contractors or subcontractors of any Federal agency, including the United States military, and includes legal or physical custody.4.Restoration of free telephone service program for detainees and other
communication requirements(a)Subject to the protocols established pursuant to subsection (b) and the restrictions established pursuant to subsection (c), any alien who is in the custody of the Department of Homeland Security shall be provided, at the expense of the Federal Government—(1)during the first 5 hours of such custody and during the 5-hour period beginning at the time such alien arrives at a new location, at least 1 communication of not less than 10 minutes with an immediate family member to notify such family member where the alien is being detained;(2)if the alien is unable to initiate a communication with any immediate family during any 5-hour period referred to in paragraph (1), continued attempts to establish communication with such family member until the alien is successful;(3)at least 200 free minutes each month for outgoing communication to any person referred to in paragraphs (1) and (2);(4)during the first 5 hours of such custody and during the 5-hour period beginning at the time such alien arrives at a new location, an opportunity to establish private communication with the alien's legal counsel or potential legal counsel or an official at the appropriate consulate;(5)an opportunity to establish private communication with any official investigating detention conditions, including an official from the Office of the Immigration Detention Ombudsman, the Office of the Inspector General of the Department of Homeland Security, or the Office for Civil Rights and Civil Liberties; and(6)unlimited free minutes for communication with—(A)any person referred to in paragraphs (4) and (5);(B)the Executive Office for Immigration Review;(C)the Board of Immigration Appeals;(D)the local immigration court;(E)any Federal or State court where the detained individual is or may become involved in a legal proceeding;(F)the United Nations High Commissioner for Refugees;(G)any Federal, State, or local government office for the purpose of obtaining documents relevant to the alien's immigration case; and(H)the U.S. Immigration and Customs Enforcement Office of Professional Responsibility Joint Intake Center.(b)The Secretary of Homeland Security shall establish protocols to ensure detained individuals are not prevented (either through dissuasion or retaliation) from—(1)accessing the means of communication described in subsection (a); or(2)making additional calls to other individuals at their own expense.(c)Time, place, and manner restrictions(1)Subject to paragraphs (2) and (3), each detention facility is authorized to establish consistent policies regulating the time, place, and manner of outgoing communication authorized under subsection (a).(2)Detention facilities may not—(A)restrict the number of minutes detainees communicate with their legal representatives;(B)limit the duration of such communications by rule or automatic cut-off; or(C)include incoming calls towards the total free minutes of communication required under subsection (a)(3).(3)The policies established pursuant to paragraph (1) shall be—(A)consistently applied;(B)given to each alien at the time of his or her arrival at a detention facility; and(C)available at each detention facility for examination by the public.(d)(1)Subject to paragraph (2), any communication made pursuant to paragraph (4), (5), or (6) of subsection (a)—(A)may not be monitored or recorded; and(B)shall take place in a space with auditory privacy.(2)The limitation under paragraph (1) shall not apply to a circumstance in which a government official has a lawful warrant issued by a court of competent jurisdiction to authorize the monitoring or recording of communication described in such paragraph.5.Nothing in this Act may be construed to limit or interfere with any settlement agreement in effect on the date of the enactment of this Act.